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(영문) 의정부지방법원 2016.08.09 2016고단2144

상표법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 3, 2015 to July 20, 2015, the Defendant opened a website with the name “C”, at one’s own house located in Guri-si B apartment house 101, 2502, on the Internet Nene B’s website, and infringed on the trademark right by selling any goods equivalent to KRW 35,650,50,00 in total of the market price of clothes and arms, etc. marked with a false trademark, such as 39 times as shown in the attached list 1 of the daily list of crimes.

2. On July 28, 2015, around 15:00, the Defendant infringed on the trademark right by holding 90 bags and arms with a well-known trademark, such as a name tag 2, i.e., a name tag, i., “lux” and “lux”, in the same place as above, as in the list 2 attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification, etc. of details of dispatch on a door-to-door basis);

1. Documents printed out of the invoice;

1. Cable copies of the screen and object advertising screen;

1. Blue screen;

1. A list of goods, photographs, account transactions, account transactions, appraisal, and market price of the goods;

1. Investigative report (Attachment of photographs of forged goods), and counterfeit trademark goods;

1. A report on internal investigation (a photo at the control site);

1. Application of statutes on site photographs;

1. Relevant legal provisions and Article 93 of the Trademark Act regarding facts constituting an offense; and

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. An unfavorable circumstance for sentencing under Article 62(1) of the Act on the Suspension of Execution - No one may manufacture, distribute, sell, forge, imitate, or possess a trademark identical or similar to another person’s registered trademark for the purpose of using it on the same or similar product as the designated product. Notwithstanding the fact that a well-known trademark, such as “lulux” and “lux”, are sold or possessed for the purpose of sale by selling the clothes and asphalt attached thereto.